Minerals vs Ms on 20 January, 2011

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FA/1174/1987	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

FIRST
APPEAL No. 1174 of 1987
 

 
 
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MINERALS
& METAL TRADING CORP-ORATION OF INDIA LTD & 1 - Appellant(s)
 

Versus
 

MS
AZEOXPORT,STATE ENTERPRISE FOR FOREIGN TRADE & 2 - Defendant(s)
 

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Appearance : 
MR
JD AJMERA for
Appellant(s) : 1 - 2. 
NOTICE UNSERVED for Defendant(s) : 1, 
NOTICE
NOT RECD BACK for Defendant(s) : 2, 
SERVED BY AFFIX.(N) for
Defendant(s) : 3, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE M.R. SHAH
		
	

 

 
 


 

Date
: 20/01/2011 

 

 
 
ORAL
ORDER

The
present First Appeal is of the year 1987. It appears that
respondents nos. 1 and 2 are stationed at Romania and the appellants
are not in a position to serve notice upon respondents nos. 1 and 2
since 1987. So far as respondent no. 3, who was the agent at the
relevant time is concerned, his whereabouts are not found by the
appellants. Hence, when the appellants are not in a position to serve
the respondents since 1987 this Court cannot wait indefinitely.
Hence, the present appeal is dismissed for non-prosecution. Notice
is discharged.

(M.R.

SHAH, J.)

siji

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